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USA v. Michael Lacey, et al, 22-10000, No. 21 (9th Cir. Mar. 28, 2022)
Case: 22-10000, 03/28/2022, ID: 12406630, DktEntry: 21, Page 1 of 1
The redacted opening brief submitted on March 15, 2022 appellants is filed.
No paper copies are required at this time.
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USA v. Michael Lacey, et al, 22-10000, No. 21 (9th Cir. Mar. 28, 2022)
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USA v. Michael Lacey, et al, 22-10000, No. 15 (9th Cir. Mar. 15, 2022)
During the final assembly of the brief and excerpts of record on the evening of March 14, 2022, Appellants discovered several errors in the lengthy excerpts of record (exceeding 20 volumes) for this fact-bound appeal, with those errors spilling over into the citations in the brief.
Appellants diligently endeavored to correct those errors before the end of the day, but were unable to do so.
Appellants apologize for submitting their opening brief after the deadline set by the Court.
Appellants attest that they worked diligently to file the brief timely and would have done so if not for the late-discovered errors requiring last-minute revisions to the excerpts of records and the citations to the record in the brief.
I declare under penalty of perjury that the foregoing is true and correct.
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USA v. Michael Lacey, et al, 22-10000, No. 15 (9th Cir. Mar. 15, 2022)
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USA v. Michael Lacey, et al, 22-10000, No. 11 (9th Cir. Mar. 15, 2022)
Of course, Pittsburgh Press neither held nor suggested that the government could forbid a newspaper from publishing facially lawful help wanted ads if many such ads nonetheless “related to” unlawful activity (e.g., if employers posted ...
While the Trial Judge refused to block all references to sex- trafficking or child sex-trafficking, she nonetheless severely constrained the government’s ability to inject these highly-prejudicial topics into the trial, ruling: • Sex-trafficking: ...
The Trial Judge’s familiarity with the proceedings, and the Motion Judge’s lack of familiarity, readily explain why the Trial Judge found pervasive misconduct while the Motion Judge found none.
See Kennedy, 456 U.S. at 675 (plurality opinion) (courts can “infer[] the existence or nonexistence of intent from objective facts and circumstances”).
But even if the government had prepared its witnesses as it claimed, a hearing was still necessary, nonetheless, to determine the government’s motivation behind its repeated and brazen rule-breaking at trial.
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USA v. Michael Lacey, et al, 22-10000, No. 11 (9th Cir. Mar. 15, 2022)
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USA v. Lacey et al, 2:18-cr-00422, No. 1469 (D.Ariz. Oct. 13, 2022)
The judgment of this Court, entered September 21, 2022, takes effect this
date.
This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure.
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USA v. Lacey et al, 2:18-cr-00422, No. 1469 (D.Ariz. Oct. 13, 2022)
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USA v. Chalker et al, 3:20-cr-00713, No. 262 (S.D.Cal. Oct. 12, 2022)
Motion to ContinueGranted
Defendant.
Pursuant to a joint motion and good cause appearing, IT IS HEREBY ORDERED that the In Limine Motions Hearing set for October 21, 2022 and the Jury Trial set for October 24, 2022 are vacated.
IT IS FURTHER ORDERED that the Motion In Limine hearing is reset to January 20, 2023 at 2:00 p.m., and the Jury Trial is reset for January 23, 2023 at 9:00 a.m. Additionally, for the reasons set forth in the underlying Joint Motion to Continue In Limine Motion Hearing and Jury Trial, the Court finds that the ends of justice will be served by granting the requested continuance, and these outweigh the interests of the public and the defendant in a speedy trial.
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USA v. Chalker et al, 3:20-cr-00713, No. 262 (S.D.Cal. Oct. 12, 2022)
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USA v. Chalker et al, 3:20-cr-00713, No. 260 (S.D.Cal. Sep. 14, 2022)
Motion for Judgment
The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse.
as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where the defendant resides, works, is a student, or was convicted of a qualifying offense.
The defendant must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or lasers).
The offender must abide by all technology requirements and must pay all or part of the costs of participation in the location monitoring program, as directed by the court and/or the probation officer.
In addition to other court-imposed conditions of release, the offender's movement in the community must be restricted as specified below: You are restricted to your residence at all times except for employment; education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities as preapproved by the probation officer (Home Detention).
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USA v. Chalker et al, 3:20-cr-00713, No. 260 (S.D.Cal. Sep. 14, 2022)
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USA v. Bychak et al, 3:18-cr-04683, No. 498 (S.D.Cal. Aug. 31, 2022)
it is hereby ORDERED that Mark Manoogian’s conditions for bond are modified as follows: 1.
Mr. Manoogian is permitted to travel to Lafayette, Louisiana and the surrounding areas for work from October 16, 2022 through October 18, 2022; 2.
Mr. Manoogian is permitted to travel to New Jersey, and as required, through Connecticut and New York, to visit family from November 11, 2022 through November 13, 2022; 3.
Mr. Manoogian’s Pretrial Release Order is hereby modified to allow for travel within the continental United States, at the discretion of Pretrial Services; /// ///
This modification is permitted provided that Mr. Manoogian supplies his Pretrial Services Officer with a copy of his travel itinerary and that he calls Pretrial Services both prior to departure and upon his return.
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USA v. Bychak et al, 3:18-cr-04683, No. 498 (S.D.Cal. Aug. 31, 2022)
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USA v. Bychak et al, 3:18-cr-04683, No. 489 (S.D.Cal. Jul. 22, 2022)
[ECF No. 488] GOOD CAUSE APPEARING, it is hereby ORDERED that Jacob Bychak’s conditions for bond are modified as follows.
Mr. Bychak is permitted to travel to Delrey Beach, Florida for work from July 31, 2022 through August 5, 2022, and to travel to Washington D.C., and the surrounding areas (Virginia and Maryland), for a family reunion on September 3, 2022 through September 11, 2022, including Case 3:18-cr-04683-GPC Document 489 Filed 07/22/22 PageID.7273 Page 2 of 2
through all cities which travel is required for flight layovers and any additional days necessitated by flight delays or cancellations, so long as Mr. Bychak provides his Pretrial Services Officer with a copy of his travel itinerary and calls Pretrial Services both prior to departure and upon his return.
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USA v. Bychak et al, 3:18-cr-04683, No. 489 (S.D.Cal. Jul. 22, 2022)
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USA v. Bychak et al, 3:18-cr-04683, No. 487 (S.D.Cal. Jul. 18, 2022)
FINDING GOOD CAUSE THEREFOR, the Court hereby ORDERS that Petr Pacas’s conditions of bond are modified as follows.
Mr. Pacas is permitted to travel to countries within the European Union between July 21, 2022 and August 12, 2022, including all countries through which travel is required for flight layovers and any additional days necessitated by flight delays or cancellations, so long as Mr. Pacas provides his Pretrial Services Officer with a copy of his travel itinerary and calls Pretrial Services both prior to departure and upon his return.
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USA v. Bychak et al, 3:18-cr-04683, No. 487 (S.D.Cal. Jul. 18, 2022)
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USA v. Chalker et al, 3:20-cr-00713, No. 236 (S.D.Cal. Jun. 8, 2022)
Motion for Judgment
IT IS ORDERED that the defendant must notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid.
The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse.
as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where the defendant resides, works, is a student, or was convicted of a qualifying offense.
The defendant must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or lasers).
Not enter or reside in the Republic of Mexico without permission of the court or probation officer, and comply with both United States and Mexican immigration law requirements.
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USA v. Chalker et al, 3:20-cr-00713, No. 236 (S.D.Cal. Jun. 8, 2022)
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USA v. Bychak et al, 3:18-cr-04683, No. 418 (S.D.Cal. May. 12, 2022)
Motion to SuppressDenied
... 9 18-CR-4683-GPC Case 3:18-cr-04683-GPC Document 418 Filed 05/12/22 PageID.6439 Page 10 of 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • Among the eleven emails, there are two in which none ...
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USA v. Bychak et al, 3:18-cr-04683, No. 418 (S.D.Cal. May. 12, 2022)
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USA v. Bychak et al, 3:18-cr-04683, No. 414 (S.D.Cal. May. 11, 2022)
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USA v. Bychak et al, 3:18-cr-04683, No. 414 (S.D.Cal. May. 11, 2022)
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USA v. Chalker et al, 3:20-cr-00713, No. 219 (S.D.Cal. Apr. 27, 2022)
Motion to Continue HearingGranted
Pursuant to a joint motion and good cause appearing, IT IS HEREBY ORDERED that the Status Hearing set for April 29, 2022 is vacated.
IT IS FURTHER ORDERED that a Status Hearing be set on June 24, 2022 at 1:30 PM.
Defendant shall file an acknowledgement of the new hearing date by May 6, 2022.
Additionally, for the reasons set forth in the Joint Motion to Continue Status Hearing, the Court finds the ends of justice will be served by granting the requested continuance, and these outweigh the interests of the public and the defendant in a speedy trial.
Accordingly, the delay occasioned by this continuance is excludable pursuant to 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(i), and (h)(B)(iv).
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USA v. Chalker et al, 3:20-cr-00713, No. 219 (S.D.Cal. Apr. 27, 2022)
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USA v. Chalker et al, 3:20-cr-00713, No. 215 (S.D.Cal. Mar. 18, 2022)
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USA v. Chalker et al, 3:20-cr-00713, No. 215 (S.D.Cal. Mar. 18, 2022)
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Docket
3:15-cv-01140,
Puerto Rico District Court
(Feb. 19, 2015)
Judge Carmen C. Cerezo,
presiding.
False Claims Act
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United States of America et al v. Aveta, Inc. et al, 3:15-cv-01140 (D.P.R.)
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